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Archiver > GENEALOGYBITSANDPIECES > 2004-08 > 1091457426
From: "Sally Rolls Pavia" <>
Subject: Archivist at NARA
Date: Mon, 2 Aug 2004 07:37:06 -0700
Perhaps genealogists should be concerned about the information in this
article in Dick Eastman's newsletter. The newsletter in its entirety can be
read at http://www.eogn.com or http://blog.eogn.com
from a friend on another mailing list
==========================================================
Something is going on with a political appointment at the U.S. National
Archives and Records Administration. Indeed, at least nineteen professional
organizations are clamoring for an investigation. The Association of
Research Libraries (ARL), the American Library Association, and even the
Society of American Archivists have joined with other groups to protest
President Bush's surprise nomination of historian Allen Weinstein as the
next Archivist of the United States.
"This is the first time since the National Archives and Records
Administration (NARA) was established as an independent agency that the
process of nominating an Archivist of the United States has not been open
for public discussion and input," the groups said in a statement. They
called for public comment and hearings. The National Coalition for History
(NCH), a nonprofit educational organization based in Washington, DC, said in
its newsletter that the White House might be eager for a switch before the
November elections because of the "sensitive nature of certain presidential
and executive department records."
NARA is an independent agency of the federal government with more than 3000
employees and 34 facilities nationwide. Its mission is to ensure "ready
access to essential evidence that documents the rights of the American
citizens, the actions of federal officials, and the national experience."
On April 8 of this year, John Carlin, the Archivist of the United States
(head of the National Archives and Records Administration), announced his
resignation to "begin looking for other career opportunities." You can read
his statement in the April 12, 2004 edition of this newsletter at
http://www.eogn.com/archives/news0415.htm#ArchivistoftheUnitedStatestoRetire
..
Note that he is not retiring, as reported in other places. In his public
statement, it is clear that John Carlin plans to continue working someplace,
even if not at the National Archives.
The head of the National Archives and Records Administration is a political
appointment. The President nominates the person, and the appointment
requires Senate approval. Once approved, the Archivist of the United States
serves more or less forever. The Archivist may resign, of course. Also, the
President may remove the Archivist; but, if that action is taken, the
President must inform Congress of the reasons for removal.
Keep in mind that John Carlin was appointed by Bill Clinton. It would not be
unusual for a later president to want to replace a political appointee made
by an earlier administration. However, a plausible public statement would be
needed as to why the person was to be forcibly removed. It appears that John
Carlin has done a good job as Archivist, so there is no cause for his forced
removal.
Shortly after Carlin's statement that he was resigning, President Bush
nominated Allen Weinstein, a historian of Soviet espionage, to replace
Carlin. In Weinstein's confirmation hearings some facts embarrassing to the
White House leaked out. It seems that Carlin's resignation wasn't voluntary.
In a July 22 letter to committee member Senator Carl Levin (D-MI), Carlin
revealed that White House Counsel Alberto Gonzales requested his
resignation. When Carlin asked why he was being asked to resign, "no reason
was given" by Gonzales. Levin then suggested that the Bush administration,
in asking for Carlin's resignation, was seeking to skirt its legal
responsibility to inform Congress of the reasons for Carlin's removal. By
sending a delegate to ask for Carlin's "voluntary" resignation, President
Bush did not need to explain why Carlin was being removed. Senator Levin
then asked the Governmental Affairs Committee to request that Bush explain
his reasons for Carlin's removal.
The surprise move to replace the archivist violates the spirit of a 1984 law
that sought to depoliticize the office. The archivist, according to that
bill, is not a political appointee who serves at the pleasure of the
President, and his term is not tied to the term of the President, although
the President can ask for his resignation. A House report in 1984 said
Congress "expects" the nomination of a new archivist "will be achieved
through consultation with recognized organizations of professional
archivists and historians."
In the current situation, there has been no such consultation. In fact, the
highly-respected Society of American Archivists and "other organizations of
professional archivists and historians" are protesting Weinstein's
nomination, claiming that he consistently has failed to abide by accepted
scholarly standards of openness.
Critics of the Weinstein appointment have suggested that John Carlin was
removed in an effort to keep sensitive presidential documents from becoming
public. White House officials are said to be anxious over the 9/11
Commission records, which are scheduled to be transferred to NARA upon
termination of the commission. In addition, the records of George H. W. Bush
could be opened in 2005. However, a controversial George W. Bush executive
order could allow the elder Bush to withhold many of those records
indefinitely.
Immediately after taking office in January 2001, George W. Bush signed an
executive order that stopped the legally-required release of documents from
the presidencies of Ronald Reagan and George H.W. Bush, but he did not stop
the future release of papers from the Bill Clinton presidency. Then, after
the September 11 terrorist attacks, George W. Bush issued an even more
sweeping secrecy executive order. He granted former Presidents and Vice
Presidents or their surviving family members the right to stop release of
historical records, including those related to "military, diplomatic or
national security secrets." BushÂ’s order stripped the Archivist of the
United States of the power to overrule claims of privilege from former
Presidents and their representatives. These actions were taken by executive
order; there was no review by Congress.
Nominee Weinstein was asked about Bush's executive orders. He told the
committee that, as a private citizen, he had concerns about Bush's executive
orders because it tilted the balance in favor of "greater confidentiality
and less public disclosure." As the National Archivist, however, he
testified that he would feel compelled to defend the executive orders
against lawsuits seeking to overturn them.
Many in Washington believe that George W. Bush is hedging his bets in case
he loses the election in November. By forcibly removing John Carlin and
replacing him with a political appointee who will serve well into the next
administration, Bush essentially ensures that the National Archives and
Records Administration will not pressure a new administration into reversing
his executive orders that keep documents out of the public view. The
President hopes to accomplish this by appointing a loyal political hack who
has an established record of opposing standards of openness.
Meanwhile, John Carlin remains in his current position and has asked to stay
at least four more months to oversee certain initiatives.
You can read more about Allen Weinstein's violation of the code of ethics of
the International Council on Archives at
http://www.thenation.com/doc.mhtml%3Fi=20040517&s=wiener
____________________________________________
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